Doug Hayter Branson superintendent says, 'We can't talk about any specifics.' / 'There's not a lot we can say,' he said. 'We can't

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Branson Superintendent Doug Hayter disputes claims made in a lawsuit filed by a Branson High School student fighting a lengthy suspension.

Hayter, who referred questions to the district’s attorney when the claims first surfaced last month, spoke out Thursday to offer support for school officials involved in the Nov. 1 incident that triggered the suspension. He said the administrative team “has been as consistent as possible” in applying discipline and following board policy.

“There are differences between the lawsuit and the facts as we have them documented,” he said.

The early December lawsuit filed by a 15-year-old Branson sophomore and his father — whose identities were protected in the court document — claim the teen was wrongly accused of smoking marijuana and was never given a drug test, despite his father’s demand that one be given.

The lawsuit alleges the student had, by chance, found himself in the presence of another student he didn’t know who had smoked the drug and that the student who is suing objected to the drug use. It goes on to say that the teen’s appeal of a lengthy suspension was ignored, and he was sent to an alternative school without a hearing.

Hayter, citing student privacy laws, said he was unable to offer detailed counterpoints to many of the claims.

“There’s not a lot we can say,” he said. “We can’t talk about any specifics.”

The lawsuit, which was sealed by the court after the News-Leader obtained a copy, requested the teen’s return to Branson High — which has already happened, Hayter confirmed — as well as attorney fees and unspecified damages.

The suspension stemmed from a Nov. 1 incident. On that Friday, the teen arrived roughly 25 minutes before the start of the school day and was invited to go to McDonald’s for breakfast with three others, including at least one teen he didn’t know. En route, a student reportedly “produced a pipe and marijuana and began smoking.”

The lawsuit claims the teen didn’t know the student with the marijuana, objected that the drug was presented and didn’t participate in smoking the drug.

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It goes on to say that the students were immediately confronted by a school resource officer after returning to the school. The teen’s father was called, and the teen was suspended for 10 days. During that suspension, the teen was notified that he would be suspended for an additional 23 days for allegedly violating the school drug policy.

The teen’s family requested a hearing before the school board about the 23-day suspension, which is allowed under policy, and sought to have the teen returned to the high school until that could be scheduled.

The suspension was “stayed, pending appeal” but the teen was told to report to the alternative program instead of the high school.

Hayter confirmed the district attempted to set the teen’s hearing with the board but struggled to find a date that worked for the teen’s family. He said rather than set an arbitrary date, the district was flexible.

“We want to do everything we can to work with the other party,” he said.

Duane Martin, who represents the Branson district, said the hearing has been scheduled for mid-January.

“The claims are being made before the board of education even has a chance to review the matter,” he said.

Martin said the lawsuit’s claim that the teen was denied due process are false because he wasn’t excluded from getting an education — it was just at the alternative program instead of the high school.

“The claims are completely without legal merit,” he said.

Attorney Stephen Ryals, who represents the family, previously told the News-Leader the teen suffered “irreparable harm” to his education and his reputation as a result of the suspension and received “virtually no instruction” in the alternative program.

The teen, who was taking a full load of high school classes — including two that were honors or invitation-only — had three As, one B+ and three Cs before the incident.

The lawsuit states the teen is now failing all but two classes.

The suit claims the only instruction was a two-hour lecture on the John F. Kennedy assassination and “limited assistance” in algebra. It also alleges the teen was required to watch two movies — “Rush Hour 3” and “The Pink Panther” — as well as make puppets out of paper lunch bags.

Martin said Thursday that the lawsuit paints an inaccurate picture of what happens at the alternative program.

“People are left with the impression that they aren’t getting a very good education and that isn’t fair to those students (in the alternative program) or the staff in that building,” he said.

Martin confirmed the district has filed an official response in the court but couldn’t provide it because all court documents were sealed by the judge in mid-December.